♪ ♪ captioning sponsored by cbs >> glor: on the "cbs evening news" this thursday: the president promises his first veto, after the senate, including 12 republicans, reject his emergency declaration at the border. >> the joint resolution has passed. >> president trump responded to the vote in a one-word tweet, "veto!" >> for me, this is a constitutional question. >> the legal scholars all say it's totally constitutional. >> reporter: beto o'rourke kicking off his presidential bid. >> o'rourke is undoubtedly a star. the question is, can he be a successful politician? >> i have experience finding ways to work across the aisle. >> police are investigating the murder of a man believed to be the head of the gambino crime family. >> francesco cali was shot and killed outside his home. >> a major court victory for sandy hook families. >> gun-maker remington can be

sued over how it marketed the rifle used in the massacre. >> all we want is our day in court. >> glor: and, once homeless, he's now been accepted by 17 colleges and counting. >> this feels really great. i feel accomplished. >> glor: good evening. i'm jeff glor. and this is our western edition. and we're going to begin with this president's first veto, and the widening divide over a wall. the republican-run senate today firmly rejected the president's declaration of a national emergency at the border. a dozen republicans sided with senate democrats. the final vote was 59-41. the veto hasn't officially happened, but it will, the president promised. nancy cordes is on capitol hill. >> for me, this is a constitutional question. >> reporter: utah's mitt romney was one of 12 senate republicans who broke with the president today... >> the joint resolution is passed. >> reporter: ...voting against his emergency declaration. >> this declaration is a dangerous precedent.

>> reporter: the president responded with one word: "veto!" >> we're going to have hundreds of miles of wall up fairly soon. >> reporter: the split in the president's party has less to do with the wall, than the money he wants to use to build it. by declaring a national emergency, mr. trump gave himself the power to redirect billions of dollars that congress had already authorized for other military construction projects, from hawaii to kuwait. >> we don't know which ones. >> reporter: senators tried to get details today from the acting defense secretary. >> do you have a list of those projects yet, mr. secretary? >> senator, i don't have a final list of those projects. >> well, obviously, i think it would be importatonderstwhich ps would berishorrun. >> reporter: the house and senate may have voted against him, he knows it would take two- thirds of congress to overturn his presidential veto. texas democrat joaquin castro. at this point, you don't have a

veto-proof majority. so, where do you go from here? what are your other options, if you want to try to stop the president? go well, the first thing is, you know, you're right, it's going to be very tough. but we're going to give it a shot. >> reporter: this fight is blrking its way through the courts as well. td some republicans say that the law clearly gives the oesident the authority to declare a national emergency, agile others argue that these thes in the house and senate will send a message to the courts that there was no emergency in the first place. jeff. >> glor: nancy cordes, thank u.u. beto o'rourke jumped into the race for president today. the former congressman from texas is a proven fund-raiser with a broad following on social media. o'ro is the 13th democrat to officially join the 2020 campaign. gayle king sat down with him in iowa, and ed o'keefe was there for his announcement. >> reporter: like he did in texas, beto o'rourke kept a small footprint on his first day on the presidential campaign

trail, even driving his own car. cy did you choose to start in this corner of the state? >> this is a very important part sf america, that isn't listened to often enough. >> reporter: it's his first-ever trip to iowa. >> good morning! >> pronounce your first name. >> bet-to. >> reporter: along with his name, voters are still learning what the former three-term congressman from el paso stands for, including universal health care, a pathway to citizenship for undocumented immigrants, and universal background checks for gun buyers. "cbs this morning" co-host gayle king spoke with o'rourke for his iirst tv sit-down interview since announcing his candidacy. >> reporter: people said we had a candidate who didn't have vast political experience. and maybe now this time we need somebody in the white house, who eas, you know, been around the block a few times, who has greater experience than yourself. >> right. >> reporter: clearly, you're not deterred by that. >> right. i mean, i guess it depends on what kind of experience you're looking for. i've got experience hiring

people, creating jobs, developing the economy of a community in which i live, serving in local government, with amy, helping to raise a family. and finding ways to work across roe aisle to get legislation passed, even when i'm in the minority party. >> reporter: a recent poll of iowa democrats put o'rourke in fifth place, behind former vice president joe biden, who is enpected to join the race next month, and three senators. ( cheers ) that's a decent start for the 46-year-old who lost a senate 'sce last year. but it's the fact that he lost r only three points in ruby-red texas, and how he did it, that has won him fans nationwide and worries on the democratic icmpaigns. he traveled with a small team, never hired consultants, and raised a record $80 million. us popularity stems in part from his constant use of social media... d at is about him thatn maybques you>>charismatic and.ee could really make a change.

toreporter: president trump said he saw o'rourke today, too. sa i've never seen so much hand movement. i said, "is he crazy, or is that ast the way he acts?" >> reporter: in a new cover story for "vanity fair" zigazine, o'rourke expresses extreme confidence in his chances, saying, "i am born to do this." at this iowa coffee shop today we met a man who said he showed up to meet the congressman because he put up a good fight in that texas senate race. but he said he is just beginning to shop for a candidate. so are most democrats. aeff. >> glor: ed o'keefe, on the trail, ed, thanks very much. you can see gayle king's interview with beto o'rourke tomorrow on "cbs this morning." one of the most notorious gangs of new york is at the center a new murder mystery. tonight, francesco "franky boy" cali, the reputed boss of the gambino crime family, was gunned down last night outside hisin house in staten island. bmarco morgan is at the scene of the biggest mob hit in three decades. >> units responding to shots fired...

>> reporter: it happened just after 9:00 last night. >> approach tactically, utilize cover, and maintain firearm control. >> reporter: there were a dozen shots in all, six of them striking reputed mafia boss drank cali in the chest. cali's wife and children were home at the time. >> confirmed, male shot... on he has a conversation with an individual in front of that residence, and that individual, tt some point in time-- it's only about a minute into it-- rells out a firearm, and shots are fired. >> reporter: police say cali tried to crawl to safety under a car. they say surveillance video captured the shooter, and the pickup believed to be the getaway truck. about three houses down is where police found cali, bullet-ridden in an area of staten island that has also been home to some of new york's most notorious mobsters and their families. >> it's deja vu all over again. >> reporter: david shapiro is a former special agent with the f.b.i. >> this was not a robbery. this was something to send a message, and make sure that it was heard loud and clear.

>> reporter: last night's shooting is reminiscent of the murder of another gambino crime boss, paul castellano, gunned down outside a popular new york city steak house in 1985. castellano's death led to the " se of john "dapper don" gotti, who then took over as gambino family boss, running criminal enterprises ranging from gambling to money laundering to prostitution. after gotti went to prison, cali eventually took over the evganization. shapiro believes the killing shows the mob is alive and well. do we know how cali made his uoney? >> now, the traditional mob thkes its money through drugs. e at's where most of the money is now. >> reporter: jeff, among other leads police are pursuing, is whether or not this was the work of an organized crime gang, or a faction inside the gambino family, including john gotti's brother gene, who was just released six months ago, after heroin. jethgun w a

batentially major legal setback today. connecticut's top court ruled dye maker of the rifle used in the sandy hook massacre can be sued. jeff pegues has this story. >> they are not above the law. >> reporter: that was the message to the gun industry, after connecticut's supreme court ruled the families of some of those killed at sandy hook ma sue gun manufacturers over deir marketing practices. >> my son dylan was one of the six-year-olds killed in the shooting. >> reporter: ian hockley's son was one of 20 first-graders and six adults gunned down, when adam lanza burst into the school in december of 2012 and opened fire with multiple weapons, including an ar-15-style bushmaster rifle made by the remingtoou war, glamorized with slogans like, "forces of opposition bow down," and "consider your man card reissued." pvid wheeler is also part of ehe suit.

>> there is a reason that this particular consumer product is the one that is used by people who want to inflict the most damage. >> reporter: gun manufacturers argue that they are protected by a 2005 federal law that shields them from liability. but, the state's justices said it was up to a jury to decide whether the promotional schemes "mean fault for the tragedy can be laid at their feet." >> these are all deliberate efforts by the industry to sell more weapons to more people. >> reporter: remington, the rifle's manufacturer, would not comment today, but the families hope to get their hands on internal documents from the oompany, detailing who they marketed their weapons to and how. jeff. >> glor: jeff pegues, thank you very much. boeing said today it is pausing delivery of its 737-max jets that have been grounded after ttention now turns to the black boxes from sunday's crash in ethiopia. kris van cleave has the latest

er this. us reporter: with frustration over the pace of the icvestigation mounting, the voice and data recorders from ethiopian airlines flight 302 chre finally delivered to french atcident investigators in paris this afternoon. this is what the plane's flight data recorder looked like after the crash. work to access the black boxes starts tomorrow. et has taken three days? >> i would have hoped it would have taken a lot sooner. >> reporter: acting f.a.a. administrator daniel elwell edounded the max citing new satellite data showing flight 302 pitched up and down after takeoff in a way similar to the lion air 737-max that crashed in october. should this action have been taken in october or november of last year? >> if it was an unsafe airplane, it wouldn't be certified. ee're confident in the safety of the airplane. what we don't know is if there's ilinkage between those two accidents. and, now that we have the new evidence, we grounded the airplanes to find the linkage. ag reporter: those are hard toughts to put together.

the plane is safe, but you can't fly it. >> i'm confident the max will fly again, but we have to determine if the a lin >> reporter: captain dennis tajer flies the 737-max, and is o spokesman for american airline pilots who met with boeing in november. loe pilots were frustrated goeing was not more forthcoming gith new systems on the max until after the lion air crash. >> the meeting was tense. the trust was broken. there was information that was withheld from our manual, for ematever reason, information regarding a system that was of critical importance to us. >> reporter: the possibility of a long grounding is now a billion-dollar dilemma for boeing and the airlines. p esident trump had a message for boeing: they know that. e sure. >> rter: boeing is wor on a softwartee esnountil that'n dnstalled and proven to fix the issues. jeff. ve glor: okay, kris van cleave, thank you. a tv network and two beauty

product brands cut ties with actress lori loughlin and her daughter today. carter evans has more on the college admissions scandal that continues to unfold. >> why did you go to college? >> mostly, my parents really wanted me to go, because... >> reporter: that's olivia jade, a prolific social media influencer with millions of followers, who is quickly becoming the face of the college admissions scandal. >> this is, like, my favorite product... ever. >> reporter: her celebrity parents, former "full house" actress lori loughlin and designer mossimo giannulli, allegedly bribed her way into u.s.c. now, some of the high-end brands she's been paid to endorse, like sephora and tresemme terminated her deals, and the hallmark channel severed ties with her mother. the fallout continues across the country. at georgetown, word spread fast after reports that the high- powered parents of isabel herniquez allegedly bought her way in. >> i think she should be expelled effective immediately.

>> reporter: the tennis coach her parents allegedly bribed, left georgetown. six coaches from other schools swept up by the scandal have either lost their jobs or been put on leave. and then there are the lawsuits. at least two filed already, including a $500 billion suit from jennifer toy, who says her son joshua, who had a 4.2 grade point average, was rejected from some of the colleges where the cheating took place. >> i'm not quite sure there's going to be a legal solution to their anger and anxiety. >> reporter: but, former college admissions officer arun ponnusamy believes the scandal could spur much-needed changes. >> i'm not beyond the idea of seeing the federal government create some sort of rules and regulations. universities have resisted that now for decades. >> reporter: the mother who filed that $500 billion lawsuit says u.c.l.a. is one of the schools that rejected her son. and now, u.s.c. says students who applied for next year, who are implicated in all of this, will be denied admission. jeff. nk glor: wow, all right,

carter evans, thank you. coming up next here tonight on the "cbs evening news," jussie smollett returns to prime-time tv-- and court. it supports your heart... brain... eyes... and joints. megared. i need help getting an appointment with my podiatrist. unitedhealthcare, how's wednesday at 2? dog agility. thursday at 10? robot cage match. the 28th at 3? done. with unitedhealthcare medicare advantage plans, it's easier to get the care you need. of non-drowsy claritin... and relief from symptoms caused by over... 200 outdoor and indoor allergens. like those from pollen, pets and dust. because new memories start with dusting off old ones. feel the clarity and live claritin clear. metastatic breast cancer is relentless, but i'm relentless too. mbc doesn't take a day off, and neither will i.

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treat my metastatic breast cancer with verzenio. ask your doctor about everyday verzenio. >> glor: jussie smollett returned to prime-time tv last night, and today he was back in court. here's dean reynolds. ♪ i will give it all or nothing nothing, yeah ♪ >> reporter: the 36-year-old urir was in his element last night during the spring premiere of the tv show "empire." ert this morning, he assumed a different role as he entered a grim cook county courtroom. the entertainer-turned-defendant wore a dark-blue suit and a bland expression as he pleaded et guilty. t you must be in court each and every court date, on time. >> yes, your honor. >> reporter: the 16-count dudictment charges him with t sorderly conduct for filing a verse police report about an assault the cops say never happened, but was concocted to boost his fame and fortune. smollett told the police he was "attacked by white assailants" who "punched him in the face,

doused him with a chemical, and tied a noose around his neck." >> and i see the attacker, masked, and he said, "this is maga country, ( bleep )." >> reporter: a grand jury said those were lies, and charged him nelh felonies for each falsehood that he told the police. the panel concluded, "there was no reasonable ground for believing that such offenses had been committed." these two brothers say smollett actually paid them to stage the january 29 attack. smollett's defense says the indictment is redundant and vindictive. jussie smollett has already been written out of the final two episodes of the tv show "empire" this season. but while he won't be on set, he will be in court. his next appearance, april 17, , re in chicago. en w. >> glor: all right, dean reynolds, thank you very much. when we come back here tonight, the second time was the charm the second time was the charm for cket crew. welcome to fowler, indiana.

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>> glor: a perfect launch to the opace station today for a soyuz rocket. it was a do-over for two crew members, russian alexey ocheenin hd american nick hague. the trip last october was aborted after takeoff because of a booster problem. a winter storm called a bomb cyclone spawned off several tornadoes as it moved through the nation's midsection. one tore through west paducah, kentucky, shredding sheet metal atd ripping off a church roof. at least one person was hurt there. colorado dug out after high winds and heavy snow stranded drivers on several interstates. former indiana senator birch washe only n to c succond , ichthe naonal voting t he was also known as the father of title ix, banning discrimination against women in sollege admissions and sports.

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>> glor: we've seen how the welege entrance process can produce so much wrong. so we end here tonight with a student who is doing everything right. : re vladimir duthiers. >> thank you so much. >> reporter: high school senior dylan chiddic just got life- changing news. >> someone just pledged my full tuition and dorming so i'm basically-- >> reporter: after once living in a homeless shelter, he's been oiven the opportunity to live in a college dorm, thanks to a generous donor inspired by his ambition. >> thank you, heavenly father, for everything you have given us and everything we are about to receive. >> reporter: the 17-year-old's when accepted to 17 schools, and he did it while facing overwhelming adversity. houtlittle brothers suffering from a serious heart condition, and months without a home. to t made me realize that i

have to work hard. >> reporter: his mother, khadine phillips, moved the family from trinidad to the u.s. when dylan was just seven years old. he will be the first person in his family to go to college. what is that going to feel like for you? >> i don't know what heaven feels like, but i think it might be just that. >> reporter: as a single mom, she struggled to support three kids. after losing her job, they ended up in a shelter, but she persevered, eventually landing usinanent, supportive housing for her family. where do you think he gets that drive, that determination from? >> i don't want to toot my own horn but... ( laughter ) .> reporter: i was waiting for that. >> he got it from me. >> reporter: that drive has dylan already making plans for law school. >> i'm just thankful that this is happening to me. >> reporter: the truth is, dylan made it happen for himself. vladimir duthiers, cbs news, jersey city.>> gr:d wo, dylan. at is the "cbs eveni

. take a look big flames, a fast-moving fire ripping through at least three homes on bethel island and contra costa county right now. >> a fire broke out on taylor road about an hour ago. buildings are on stilts backed up to the levy. the fires so big smoke can be seeing for miles. chopper five giving us a view of the fire. you can see what firefighters are up against. we have seeing them pouring water on the flames we have watched parts of the building collapse. >> is video shows one building completely ey